Dewitt v. Buchanan
New York Supreme Court
THIS is a 'demurrer to an answer. The action was for assault and battery, and the answer averred that at the time of committing the tort alleged in the complaint, the plaintiff and defendant were, and still are, subjects of Great Britain, and citizens and residents of Canada, and that the assault and battery complained of was committed in said province. The plaintiff" demurred on the ground that the answer did not state facts constituting a defense.
1Opinion of the CourtJames, J.
Actions for injuries to the person are transitory, and follow the person; and therefore, so far as the nature of the action is concerned, one foreigner may sue another foreigner in our courts for a tort committed in another country, the same as on a contract made in another country.
It is now settled that the courts of this state have, and will entertain, jurisdiction of actions for personal injuries committed abroad, when both, or either of the parties, are citizens of the United States. (Glen v. Hodges, 9 John. 67. Smith v. Bull, 17 Wend. 323. Lister v. Wright, 2 Hill, 320. Johnson v.…
2Cases cited2 opinions
- Smith v. BullNew York Supreme Court · 1837
- Glen v. HodgesNew York Supreme Court · 1812
3Cited by18 opinions
- Langnes v. GreenSupreme Court of the United States · 1931
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- Burdick v. . FreemanNew York Court of Appeals · 1890
- Pietraroia v. New Jersey & Hudson River Railway & Ferry Co.New York Court of Appeals · 1910
- Wertheim v. ClergueAppellate Division of the Supreme Court of the State of New York · 1900
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